Expert: Robert P. Firriolo - 4/2/2009

Question
QUESTION: I'm currently going through the steps in filling out my pistol permit application (carry concealed, Monroe County, NY).  I have answered everything truthfully including my arrest for DWI, which was reduced to DWAI, a driving infraction, not a criminal offense.  Can my application be denied because of this?  I'm sure I will have outstanding references, as well as no other blemishes on my record, not even a speeding ticket.  Thanks for the help!

ANSWER: You do not state whether you are applying for a carry or premises license. For a premises license, the burden is on the issuing agent to demonstrate good cause why a license should be denied. For a carry license, the applicant needs to demonstrate "proper cause," and the courts have vested very broad discretion in the licensing agents in determining if a license should be granted. If you applied for a carry license, the answer to your question is a strong "yes"--you can certainly be denied. That is not to say a denial is necessarily likely, but it is certainly possible. However, you would be entitled to an administrative appeal and if that was unsuccessful then you could file a court action to review the denial. A licensing agent's decision to deny an application cannot be arbitrary and capricious, and it would likely be reviewed under such a standard.



---------- FOLLOW-UP ----------

QUESTION: Thanks for a great answer.  To be more specific I was looking at trying to get my carry permit.  A follow up question I have is if I get denied my carry permit, would I have the option to 'downgrade' to a premises license?  Or would that require a whole new application process?

Answer
There would be nothing to stop you from submitting an application for a premises license if you were denied a carry license for lack of "proper cause." While some procedures vary between counties, I suspect most licensing agents would require you to submit a new application. Hopefully you could get them to accept the background check on the fingerprints from the first application to save you that expense a second time.